Lagosbos wrote: ↑Mon Jun 15, 2020 8:40 pm
thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.
HO might have addressed their reasons for your refusal that you have leave under spouse ltr. The question is within the eea regulations 16, is it a law?.
The refusal is been described in courts documents as HO interpretation not EEA regulations. Laws are act or statute of parliament. It supersedes executive interpretation.
Home Office Office refusals on Zambrano are not within the EEA regulations or EU Article. This renders it non compliance and false.
Everyone is taken HO to court especially on Zambrano. You got weak Solicitors who refuse to understand that anything contrary to the eu Article itself and the regulations is null and void.
According to the regulations, the only way someone can be refused zambrano under EEA eu law is
1. Being an exempt person(BC, Right of Abode, ILR, EEA national)
2. Irresponsible parents(parents who haven't been part of the child)
Apart from these, no other factors were mentioned in the Article not even a criminal record, depotation and removal) under domestic law.
The only way deportation and removal can disqualifies you Zambrano is when it was done under eu EEA law.
Home office finds it hard to deport or remove anyone under eu EEA laws so they abuse people with their domestic laws